Labor & Employment — Disability Discrimination Claim – Accommodation – Wrongful Discharge – Insufficient Allegations

Mejia v. Wal-Mart (Lawyers Weekly No. 14-03-1058, 13 pp.) (Thomas Schroeder, J.) 1:14-cv-00237; M.D.N.C.

Holding: Where plaintiff alleges that he told the store manager about a disturbing conversation plaintiff had had with his shift manager and then asked the store manager to “fix the problem,” which would have allowed plaintiff to return to work, the complaint at best alleges a request for some unknown accommodation and fails to provide even the most basic details about his job, let alone that he could have performed its essential functions. Plaintiff has not stated a claim that defendant discriminated against him by failing to provide him with a reasonable accommodation.

Defendant’s motion to dismiss is granted.

In support of his wrongful discharge claim, plaintiff simply alleges that, after his meeting with the store manager, he “never returned to work” and that he has “since been separated.” Nothing in the complaint suggests that defendant fired him because of disability.

Finally, plaintiff alleges that the store manager would not accept two documents: a medical evaluation and a police report. There is no factual allegation that the store manager had any responsibility to accept those documents, that the refusal to accept those documents had any effect on plaintiff’s employment status, or, most importantly, that the refusal to accept them was because of disability discrimination.

Dismissed.